contributed by Dana Hill, December, 2005

From TSLA microfilm Marshall Co. #42 Will Book B, pp. 200-203

In the name of God amen. I John B. FOWLER of the County of Marshall and the State of Tennessee, being of sound mind and disposing memory and being in usual health, but being mindful of the uncertainty of life and the certainty of death, do make and publish this my last will and testament hereby revoking and making void all other wills by me heretofore made–

First.– I reccommend my Soul to God who gave it and my body to Earth to be decently burried by my Executor herein after named I also desire that my burial expenses and all my just debts to paid as soon after my death do possible out of any moneys that may first come into the hands of my Executor

Secondly- It is my desire that my children or the heirs of my body shall inherit my Estate equally, Share, and Share alike and for that purpose I have had my lands divided into tracts or Lots as represented in a plat of survey which plat is to accompany this my will (marked exhibited A, and made out in the hand writing of Stephen TALLY–Of which tracts or Lots I give and bequeath to my Son Osburn L. FOWLER his heirs and assigns Lot No one as described in said plat or Survey I reserve to myself for the purpos of a family burying place 138 poles of and out of Said Lot to be laid off by myself at the present family burying place the ballance to Lee his and his heirs forever I have advanced to my said Son Osburn L. FOWLER Four thousand two hundred and none dollars & 78 cents– Two hundred and Nine dollars and 78 cents he is to pay back, that amount to me, but should I die before he pays that a mount to me, then he shall account to my Executor to go into my estate for the above amount of $ 208.78,

Thirdly– I give and bequeath unto my daughter Tennessee A. FOWLER Lot No 2. As designated in said plat to be hers and her heirs forever, but in case said Tennessee A Should died before her youngest child shall arrive at lawful age, then and in that event Alanthus FOWLER her husband Shall have and exercise full ownership over siad lot of land until said Tennessee A. youngest child shall arrive of age, which lot contains one hundred and Eleven acres (111) I have advanced to my said daughter Tennessee A FOWLER the sum of Four thousand two hundred and seventy one 50/100 dollars of which amount she is to pay me back Two hundred and seventy-one 50/100 dollars: and if I should die before she pays the sum to me, then and in that event She is to pay the same to my Executor to be accounted for in the distribution of my estate

Fourthly I give and bequeath to my daughter Margaret E THOMPSON Lot No. 3– to be hers and her heirs forever, which lot contains 99 108/160 acres but should my said dughter Margaret E die with at and bodily heirs then and in that event Said lot of land is to be equally divided between my other sons and daughters or their heirs. I have also advanced to my Said daughter Margaret E THOMPSON the sum of Four thousand and sixty six 50/100 dollars– of which amount she is to pay over to my Executor the sum of sixty six 50/100 dollars

Fifthly— I give and bequeath to my son William N FOWLER that portion of my land designated on said plat as Lot No 4 to be his heirs and assigns forever. Containing 22 acres 86 poles. I also give and bequeath to my son William N. FOWLER and his heirs and assigns the tract of land whereon I now live containing 58 acres in District No 14. in Marshall County– I have advanced to my son William N Thirty one hundred and fifty seven 95/100 dollars

It is my will that my Executor pay over to my said son William N Eight hundred forty two 75/100 dollars out of my estate to make him equal with the rest of my Children that is if there should be sufficient assets in his hands, but then if should not be enough, then they shall all be made equal, it being my intention to make all the advancements equal at Four thousand dollars

Sixthly– I give and bequeath to my son Eldridge B FOWLER his heirs and assigns, that portions of my lands known and described as Lot No5 containing 115 acres and 109 poles to be his during his natural life and at his death to descend to his children– and also 22 acres of land in District No One [?] in Marshall County being the land where Albert FOWLER now resides, and my son Eldridge B may dispose of the said twenty two acres as he may see proper I have advanced to my son Eldridge B twenty nine hundred and twenty three 25/100 dollars who my Executor is to make equal with the rest on the same condition that is provided in the fifth clause of my will

Seventhly– I give and bequeath to my daughter Martha S SMITH and her children two tracts of land adjoining each other in District No 15 of Said county, – one the tract whereon she now lives containing by estimation seventy four acres & one half (74 ½ acres) and the other tract known as the Richardson tract containing by estimation one hundred and thirteen acres, also one tract of Cedar land containing seven acres lying in District No 5 in said County it is also known as the Richardson tract– The said Martha S SMITH is to have the before mentioned tracts of land during her natural life; and at her death her Children are to inherit the same– I have advanced to my said daughter the sum of Two thousand six hundred and twenty six 55/100 dollars and my Executor is to make her equal with the others of my children Subject to the same restrictions set forth in the 5th clause of this my will

Eighthly I give and bequeath to my son John L FOWLER and his heirs the tracts of land whereon he now resides in Giles County Tennessee Containing by estimation One hundred and Ninty one acres and six tenths lying and being in the 17th Civil District of Said County — I have advanced to my Said son John Lee the sum of Thirty five hundred and forty 50/100 dollars, which my Executor is to make up to Four thousand dollars subject to the same conditions in the said 5th Item of this Will

Ninthly — It is my will and so direct that my children who are in possession of the land bequeathed to them shall not account to each other for Rent and that those not in possession of the land bequeathed to them are not entitled to rents as long as I may live unless authorized by me

Tenthly– It is my Will and desire that all of my property, both real and personal not herein bequeathed, except that bequeathed to my wife be equally divided between my children and their heirs, except fo Adaline C GRANT, who I have already given as much as my other Children will get but should my estate be worth more than Four thousand dollars to each of my children, then the said Adaline C GRANT shall be intitled to her equal proportion, but in the event my estate will not amount to that much to each share, then she shall account for her part of the deficiency– she having received Four thousand dollars

Eleventh – I devise to my wife Elizabeth FOWLER all the slaves she and myself inherited from the estate of Richard LEE decd consisting of the following to wit. Elyd, Peggy, Rachel, Angeline, Patrick, Ann, and their increase– I also devise to her one Bed and furniture, one choice Horse and Cow which I think a Sufficient amount for her maintainance during her life

Twelfth – It is my will and desire, and do so direct that all my negroes be equally divided between my children or their heirs but it is truly my will and desire that all the property that may descend to my daughters, either personal, mixed or real, is hereby expressly bequeathed to my said daughters and their heirs, and if either of them shall die without bodily issue then the property bequeathed to them or wither of them shall be equally divided between my other children.

Lastly – I hereby nominate and appoint my trusty friend James McKNIGHT my Executor to this my Will.

In testimony whereof I hereunto set my hand and seal this 25th day of January 1858

[signed] John B FOWLER [seal]

Signed sealed and delivered in our presence and we have hereunto Subscribed our names in the presence of the Testator this 25th day of January 1858

[signed] Thomas McKNIGHT ) Jurat Nov 6, 1865
Thomas W. LONDON)
Thomas M TUCKER )

State of Tennessee)
Marshall County ) Personally appeared here in open Court Thomas McKNIGHT, one of the subscribers to the foregoing will on the 6th day of November 1865 and after first being duly sworn proved the execution of the same as law directs, which was ordered to be recorded
Witness my hand at
Office November the 6 1865
[signed] R L ADAMS Clk